soil pipe--common element or not

[luckymom]

What is the name of your state (only U.S. law)? IL

I live in a 3rd floor condo. My neighbor below has water damage and a plumber has determined that the soil pipe of my unit is the cause. Our bylaws state that my unit "is the space enclosed or bounded by horizontal and vertical planes as set forth in . . ." and common areas include "the pipes, ducts, flues, shafts, and public utility lines serving the common elements or more than one unit."

Is a soil pipe considered a common element or not? Any clarification would be much appreciated!

[justalayman]

does the this specific soil pipe serve more than one unit or just yours?

[luckymom]

Good question. I will ask the plumber.

[luckymom]

I called the plumber who says the soil pipe itself runs down the length of the building but the part that is cracked is a branch pipe that services my toilet only. What do you think--common element or not?

[justalayman]

If the branch itself is damaged, then I would say it is your as it only serves your unit.

look at it this way. If you were to cut and cap the pipe that is damaged, you are the only unit that will be affected. That makes it your pipe and not a common element.

[luckymom]

I just got off the phone with the adjustor for my condo insurance who says that I am not responsible for problems that originate behind my walls or under my floor. He instructed me to call the building's insurance company. Does anyone know Illinois law for condos?

Thanks!!!

[HomeGuru]

Originally Posted by luckymom

What is the name of your state (only U.S. law)? IL

I live in a 3rd floor condo. My neighbor below has water damage and a plumber has determined that the soil pipe of my unit is the cause. Our bylaws state that my unit "is the space enclosed or bounded by horizontal and vertical planes as set forth in . . ." and common areas include "the pipes, ducts, flues, shafts, and public utility lines serving the common elements or more than one unit."

Is a soil pipe considered a common element or not? Any clarification would be much appreciated!

**A: yes it is a common element.

[luckymom]

Thanks for the response. We are still arguing about whether a soil pipe is a common element or not, but now the issue is liability for the damages caused by the leak. My insurance company has stated that they are not liable for the resultant damage to my neighbor's unit because of a "waiver of subrogation" in our bylaws, which states that regardless of fault or cause we are responsible for repairs to damage to our own unit. My insurance company did however offer to pay up to $1000 for my neighbor's deductable. Problem is--my neighbor let her condo owner's insurance lapse and has no coverage. The bylaws require her to have such coverage.

My neighbor holds that in the past when a leak from her place caused damage to the unit below her she paid for everything and therefore I should do the same. I say that she should have consulted the bylaws in that instance and that precedent is not binding. I also think that she is at fault for not insuring her unit as required, and I should not suffer financially for that mistake.

I'd like to keep things amicable in my building but I am not sure how to proceed. If the insurance doesn't cover the repair to soil pipe, that will be 2,000+. Advice? Thoughts?

[justalayman]

I'm stepping out becuase this being as specific as it is is beyond me. I'll let HG continue, if he will.

I would like to ask HG why the soil pipe, being just your portion of the pipe being broken, is considered a common element though.

[HomeGuru]

Originally Posted by justalayman

I'm stepping out becuase this being as specific as it is is beyond me. I'll let HG continue, if he will.

I would like to ask HG why the soil pipe, being just your portion of the pipe being broken, is considered a common element though.

**A: read the first post made by OP.

[justalayman]

this part?

." and common areas include "the pipes, ducts, flues, shafts, and public utility lines serving the common elements or more than one unit."

that was why I was waffling on whether this being her pipe made it just hers or since it was part of a larger system that it is considered a common element. From your post (HG) I take it that it would be the latter.

----------------------

So, since that really doesn't seem to appear to be the issue anymore due to the "take care of your own" clause:

My insurance company has stated that they are not liable for the resultant damage to my neighbor's unit because of a "waiver of subrogation" in our bylaws, which states that regardless of fault or cause we are responsible for repairs to damage to our own unit. My insurance company did however offer to pay up to $1000 for my neighbor's deductable. Problem is--my neighbor let her condo owner's insurance lapse and has no coverage. The bylaws require her to have such coverage.

that doesn't say that a persons insurance is responsible for it but each tenant/owner is responsible for the damage in their own unit.

The neighbor failed to carry insurance, regardless of it being required or not. If the clause is as you post, she (personally) is responsible for the damage in her unit regardless of having insurance or not.

If the insurance doesn't cover the repair to soil pipe, that will be 2,000+. Advice? Thoughts?

sure. Since your insurance was willing to kick in $1k, I don;t see why they should renege because she does not have insurance. That would be near 50% of the repair. A more than fair deal for her, especially since she was supposed to have insurance that would have covered the rest of the repair.

The other offer, if it were me, would be $0 and a "you know you are supposed to have insurance"